Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS
Chapter 16 - GENDER MARKER ON BIRTH RECORD RULE
Section 146-16-3 - RIGHT TO APPEAL
Current through 2024-13, March 27, 2024
A. An applicant whose request to designate X on a birth record at birth, or whose request for a new birth record to be issued under this rule has been denied, has 60 calendar days from the date of receipt of that decision, to request an administrative hearing. The applicant must state the adverse decision in the request for an administrative hearing.
B. The request for an administrative hearing must be in writing and addressed to the State Registrar at the Maine Center for Disease Control and Prevention - Office of Data, Research and Vital Statistics (DRVS). Issues that are not raised by the applicant through this written request for an administrative hearing are waived in subsequent appeal proceedings. The request for administrative hearing may not be amended to add further issues. When the Department receives a timely request for an administrative hearing, the Department will complete the Hearing Report for the Office of Administrative Hearings.
C. The DHHS Office of Administrative Hearings shall notify the applicant and DRVS in writing of the date, time and place of the hearing, and shall designate a presiding officer. Applicants will be given notice of the scheduled hearing date in advance of at least 20 calendar days from the mailing date. The hearing shall be held in conformity with the Maine Administrative Procedure Act, 5 MRS Sec.8001 et seq. and the Administrative Hearings Regulations, 10-144 CMR Ch. 1.
D. The Department and the applicants may be represented by others, including legal counsel, and may request or subpoena persons to appear at the hearing where they can be expected to present testimony or documents relating to issues at the hearing. The presiding Officer shall issue a written decision and findings of fact to the applicant and provide a copy to the Department.
E. If an applicant is dissatisfied with the decision, an appeal may be taken to the Superior Court, pursuant to the Maine Rules of Civil Procedure, Rule 80C and the Maine Administrative Procedure Act.
